James Holmes' mental health to be debated in 2014

One of the most shocking crimes of recent years -- the Aurora, Colo., movie theater massacre -- will be back in the headlines in early 2014.

James Holmes is accused of killing 12 people and injuring 70
when he opened fire in a crowded showing of the Batman sequel, "The Dark Knight Rises," in Aurora, Colo., in July 2012.
He has pleaded not guilty by reason of insanity. Prosecutors are seeking the
death penalty.

CBS News legal analyst Rikki Klieman told Crimesider the case will
boil down to whether the defense can prove Holmes has a mental disease or
defect, and if so, whether he was unable tell right from wrong at the
time of the shooting.

“It seems the
considered opinion is that he has a mental disease or defect – but can [the
defense] make the link and show that that mental disease caused him, or was a
substantial contributor, to his not being able to control his conduct or conform
his conduct to the requirements of law?” Klieman said.

If jurors decide Holmes was insane, he would be
committed indefinitely to the state mental hospital. If they decide he was sane
and convict him of first-degree murder, he could receive the death penalty or
life in prison without the possibility of parole, according to the Associated
Press.

A pretrial hearing in which the prosecution’s
request for more psychiatric testing will be argued is scheduled to start Jan. 27.
The public and the news media have been barred from the hearing, citing concern
that testimony in regards to Holmes’ sanity could impede his right to a fair
trial.